1976) (allowing judge to alter antenuptial
terms if enforcement otherwise results in spouse becoming public charge).
Since the invalid antenuptial
agreement "significantly" diminished the husband's position in connection with the subsequent will, the lawsuit was timely and could proceed.
prayed for specific performance of the antenuptial
(153) Legal merger of husband and wife no longer occurs as it did at common law; however, Massachusetts does recognize the unique aspect of marriage with regard to antenuptial
and postnuptial agreements.
A closely related planning activity for which CPAs are equally qualified, but have been less involved in, is premarital planning--in particular, the development of prenuptial agreements (also referred to as "premarital" or "antenuptial
" agreements, or simply "prenups").
1993) (concluding the ketubah failed the specificity requirement for an antenuptial
agreement to be enforceable).
There the appellate court found that "marriage is sufficient consideration to uphold an antenuptial
agreement," and it reversed a trial court by finding that "a religious antenuptial
agreement may be enforceable in a court of law, if it complies with contract law." (61) Other commentators have suggested that principles of contract law can work well for resolving disputes about religious antenuptial
Hershey's practice encompasses a variety of estate planning and estate administration matters, including wills, trusts, deeds, powers of attorney, advance directives, medical consent forms for minors, buy-sell agreements, antenuptial
agreements and asset disposition through lifetime giving, charitable bequests and other vehicles.
The new regime creates a customary marriage in community of property, unless the parties wish to regulate their matrimonial property by way of an antenuptial
They provide guidance to attorneys who are faced with these issues and describe all of the arguments that find minimum support in the available case law and their strengths and weaknesses, to help them make and evaluate arguments on the validity and construction of separation, antenuptial
, and postnuptial agreements.
is consistent with the language of commitment and obligation"); Scott & Scott, supra note 47, at 208 (arguing that "contract can serve very well as a basis for an enduring, committed relationship"); see also Clark, supra note 120, at 142 (emphasis added) (stating that "if certain requirements of form and substance are met, the typical antenuptial
contract is valid and enforceable and in fact is favored by the law as tending to promote marital barroom,").
227 (holding that, where an antenuptial
agreement required the wife to make a gift at the husband's death, the wife's gift is deemed to be made at the husband's death when the amount of the gift could be ascertained, notwithstanding the general rule that an enforceable contract to make a future gift is a gift when the contract is entered into).